Federal (Canada)Access to Information ActWell-founded

5819-03192 — Royal Canadian Mounted Police

Organization: Royal Canadian Mounted PoliceComplainant: Anonymous applicant
Plain-language brief

The complainant alleged that the Royal Canadian Mounted Police (RCMP) failed to conduct a reasonable search for records related to its "E Norther" file and National Administrative Records Management System (NARMS). Specifically, the complainant identified the RCMP's Legal Services Unit as a potential source of records, but the RCMP initially refused to search this area, claiming the records would not be under its control. The OIC's investigation found that any such records would likely be under the RCMP's control. The RCMP subsequently agreed to task its Legal Services Unit, which led to the identification and release of additional records to the complainant. The Commissioner concluded that the RCMP's initial search was not reasonable and ordered the RCMP to confirm with an outstanding Office of Primary Interest (OPI) and process any further responsive records. The RCMP later confirmed that the outstanding OPI had responded and an additional response was sent to the complainant.

Key issues
  1. 1Whether the Royal Canadian Mounted Police conducted a reasonable search for records
  2. 2Whether records held by the RCMP's Departmental Legal Services Unit were under the control of the RCMP
Outcome breakdownFavours: Applicant / complainant
  • Adequacy of search: Initial search found unreasonable
  • Search scope: Legal Services Unit ordered searched
  • Further search: Additional OPI search ordered
  • Disclosure of records: Additional records released
Outcome

Complaint well founded — additional records processed and released

Reasoning

The RCMP initially failed to search its Departmental Legal Services Unit, incorrectly asserting that any responsive records would not be under its control. The Commissioner determined that these records would likely be under the RCMP's control, and a reasonable search required retrieving and reviewing them. The RCMP's subsequent search of the Legal Services Unit and other OPIs, which yielded additional records, confirmed the initial search was inadequate.

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Decision notes
Recommended action / remedy

The Commissioner ordered the RCMP to confirm with the outstanding Office of Primary Interest (National Headquarters) whether they held relevant records and to process any responsive records retrieved, providing a new response to the complainant.

Statutes considered
  • s.36.1(1) ATIA

This summary is for informational purposes only and does not constitute legal advice.

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